Government Acquisition, Regulation of Private Property Constitutional Amendment

Proposition 90 would amend the California Constitution to limit the authority of state and local governments to acquire property through eminent domain. It would also require state and local governments to pay property owners for “substantial” economic losses resulting from new laws and rules, including environmental regulations. But the continuing struggle at the state and federal levels to repair the damage of the past few years has left consumers, including water agencies, in a state of uncertainty.

Key Provisions:

Restricts the purposes for which state and local governments may aquire property.

• Prohibits use of eminent domain unless the property acquired is owned and occupied by a governmental agency.

• Before acquiring property, a governmental agency must state a “public use” for the property, and must maintain that stated use.

• The measure narrows the definition of “public use.”

Increases the amount governments must pay property owners.

• Changes the current standard that requires compensation at "fair market value” and requires new levels of payments based on the value of the property as the government intends to use it.

• For example, if a county acquires property for an airport, the owner could seek compensation for the value of the property as an airport.

Authorizes lawsuits.

• Prop. 90 authorizes lawsuits for any government action that an individual claims will result in economic loss to property.

Requires governments to sell property back to its original owners under certain circumstances.

• If state or local government stopped using property for the purpose it stated at the time it acquired the property, the former owner (or heir) would have the right to buy back the property.

• The property would be assessed for property tax purposes as if the former owner had owned the property continuously.